Fed. R. Bankr. P. 2017 — Examining Transactions Between a Debtor and the Debtor’s Attorney

Federal Rules of Bankruptcy Procedure

Rule 2017 — Examining Transactions Between a Debtor and the Debtor’s Attorney

Fed. R. Bankr. P. 2017

SourceFederal Rules of Bankruptcy Procedure

Rule2017

PART X[ABROGATED]

CitationFed. R. Bankr. P. 2017

Fed. R. Bankr. P. 2017 (Examining Transactions Between a Debtor and the Debtor’s Attorney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Bankr. P. 2017.

Text

(a)PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE IN CON- TEMPLATION OF FILING A PETITION OR BEFORE THE ORDER FOR RE- LIEF. On a party in interest’s motion, or on its own, the court may, after notice and a hearing, determine whether a debtor’s di- rect or indirect payment of money or transfer of property to an attorney for services rendered or to be rendered was excessive if it was made:

(1)in contemplation of the filing of a bankruptcy petition by or against the debtor; or

(2)before the order for relief is entered in an involuntary case.

(b)PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE AFTER THE ORDER FOR RELIEF IS ENTERED. On motion of the debtor or the United States trustee, or on its own, the court may, after notice and a hearing, determine whether a debtor’s payment of money or transfer of

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(a) PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE IN CON-
TEMPLATION OF FILING A PETITION OR BEFORE THE ORDER FOR RE-
LIEF. On a party in interest’s motion, or on its own, the court
may, after notice and a hearing, determine whether a debtor’s di-
rect or indirect payment of money or transfer of property to an
attorney for services rendered or to be rendered was excessive if
it was made:
(1) in contemplation of the filing of a bankruptcy petition by
or against the debtor; or
(2) before the order for relief is entered in an involuntary
case.
(b) PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE AFTER THE
ORDER FOR RELIEF IS ENTERED. On motion of the debtor or the
United States trustee, or on its own, the court may, after notice
and a hearing, determine whether a debtor’s payment of money or
transfer of property—or agreement to pay money or transfer prop-
erty—to an attorney after an order for relief is entered is exces-
sive. It does not matter whether the payment or transfer is made,
or to be made, directly or indirectly, if the payment, transfer, or
agreement is for services related to the case.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)